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13 Cards in this Set
- Front
- Back
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SLAPP Suits
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Strategic Lawsuit Against Public Participation
-Frivolous lawsuits to silence critics |
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Law of Libel
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Includes material that is published or broadcast by mass media
In most states, includes both libel (written) and slander (spoken) Little difference between these two terms in modern defamation law |
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Elements of Libel (3)
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Damages the reputation of a person, but not necessarily his/her character
Actual damage to reputation, with proof A significant minority of the population must believe the person’s reputation was harmed Must be a representative minority |
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Burden of Proof for Libel (5)
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Publication
Identification Defamation Falsity Fault (Chapter 5) |
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Publication
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At least one person hears or sees the defamatory statement
Automatically assumed for most print media, broadcasting, Internet Includes republication of someone else’s defamatory statement Condit v. Dunne (N.Y. 2004, 2008) |
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Identification
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Proof that the defamatory statement is “of or concerning” the plaintiff
Must be recognizable to at least one reader/viewer Explicitly named, or by suggestion Plaintiff can combine stories that add up to a defamatory effect Can apply to small groups |
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Defamation
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Defamation of character
Any material that holds a person up to contempt, hatred, ridicule, or scorn The publication of any statement that… Injures someone’s reputation Lowers that person’s esteem in the community |
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Libel per se
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defamatory “on the face”
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Libel per quod
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defamatory by implication or innuendo
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Not Defamation
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Isolated phrases taken out of context are usually not defamatory, except headlines
Opinions are usually not defamatory |
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special categories of defamatory statements
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Allegations of criminal behavior
Sexual references Personal habits Including religious beliefs Ridicule Business reputation Corporations can be defamed (libeled) |
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Falsity
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Proof needed that a statement is actually false
Courts will look at the disputed statement only What was said, not what was meant The devil is in the details |
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Trade Libel
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Not really libel, but disparagement of a company, service, or product.
Different burden of proof Statements must definitely be false Specific monetary loss Motivated by ill will |
